In the United States District Court for the Northern District of Georgia Atlanta Division
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Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 1 of 31 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ATLANTA NATIONAL LEAGUE BASEBALL CLUB, LLC, MAJOR LEAGUE BASEBALL PROPERTIES, INC., and MLB ADVANCED MEDIA, L.P., CIVIL ACTION NO. _____________ Plaintiff, v. DEMAND FOR JURY TRIAL BRAVES TAXI, LLC and HECTOR TIRADO, Defendants. COMPLAINT Atlanta National League Baseball Club, LLC (“Atlanta Braves”), Major League Baseball Properties, Inc. (“MLBP”), and MLB Advanced Media, L.P. (“MLBAM”) (collectively, “Plaintiffs”), appearing through their undersigned counsel, allege this Complaint against Braves Taxi, LLC (“Braves Taxi”) and its owner, Hector Tirado (“Tirado”) (collectively, “Defendants”) as follows: NATURE OF THE ACTION 1. The Atlanta Braves has been the beloved professional baseball franchise of Atlantans since the club first arrived in the city in 1966. The Atlanta Braves franchise has a storied history, replete with 3 World Series titles, 17 Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 2 of 31 National League pennants, a host of Cy Young winners, and many Hall of Famers. Fans across the Southeast – which is often referred to as “Braves Country” – flock to games at the new SunTrust Park in Cobb County, watch games on television, buy Atlanta Braves merchandise, patronize businesses affiliated with the Atlanta Braves, and follow the club with interest on TV, radio, mobile applications, the Internet (including through social media), in newspapers, and other traditional and new media sources. 2. The Atlanta Braves owns numerous distinctive and federally and state registered trademarks, including the famous stylized “A,” , and the famous BRAVES mark and stylized BRAVES mark with the Tomahawk, , that appear on Atlanta Braves players’ jerseys and hats, as well as extensively in broadcasts of Atlanta Braves games, throughout SunTrust Park, in newspapers and magazines, on billboards, and on the Internet. The BRAVES mark alone immediately identifies the Atlanta Braves in the minds of Atlanta Braves fans, baseball fans, and the public alike. Additionally, the Atlanta Braves owns substantial trade dress rights in the combination of its iconic red-white-and-blue color scheme and other symbols associated with the Atlanta Braves, such as the Atlanta Braves’ distinctive stylized script font, Atlanta Braves uniform designs, and the Atlanta Braves tomahawk design mark. Fans of Major League Baseball in 2 Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 3 of 31 general, fans of the Atlanta Braves in particular, and likely many other Atlanta metropolitan area residents, instantly recognize the Atlanta Braves’ trademarks and trade dress elements and immediately associate such marks and trade dress as solely signifying and identifying the Atlanta Braves. 3. The Atlanta Braves’ trademarks and trade dress are extremely valuable and important to both the Atlanta Braves and fans alike; not only are they visual symbols for the fans of the club’s famous brand, but they are the subject of an extensive sponsorship and licensing program that covers a vast range of goods, including clothing, sporting goods, memorabilia, food, beverages, and automobiles, and services, like ride-sharing (e.g., Uber), restaurant, airline, hospital, insurance, grocery store, gas station, dental, healthcare, and hotel services, among others. 4. The Atlanta Braves trademarks and trade dress are also featured, and have been featured for a decade, in connection with community outreach efforts. For example, Atlanta Braves outreach personnel drive to different events across Atlanta in vehicles heavily branded with the Atlanta Braves trademarks and trade dress: 3 Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 4 of 31 4 Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 5 of 31 5. Long after the Atlanta Braves began using their extremely well- known trademarks and trade dress, Defendants began operating a taxi company in Cobb County, virtually in the shadow of SunTrust Park, under the name “Braves Taxi.” Defendants are intentionally freeriding on the success and popularity of the Atlanta Braves by brazenly copying the Atlanta Braves’ trademarks and trade dress, in an effort to dupe unwitting fans or other Atlantans into believing Defendants’ taxi company is owned by, associated or affiliated with, or sponsored or endorsed by the Atlanta Braves: 5 Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 6 of 31 6. Not only are Defendants using identical and confusingly similar iterations of the Atlanta Braves’ trademarks and trade dress on vehicles that look very similar to the Atlanta Braves’ community outreach vehicles, but Defendants offer their taxi services to, from, and around SunTrust Park, further enhancing the likelihood that consumers will be confused and misled by Defendants’ infringement. Defendants’ conduct thus harms the public as well as the Atlanta Braves and legitimate licensees of the Atlanta Braves’ marks, some of whom compete directly with Defendants’ “Braves Taxi” business. 6 Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 7 of 31 7. Because of the care with which the Atlanta Braves selects its licensees, the Atlanta Braves’ trademarks and trade dress signal to the public that the goods and services that bear the Atlanta Braves’ trademarks and trade dress are affiliated with the Atlanta Braves and will live up to consumers’ expectations of quality and high safety standards. Because Defendants are not affiliated with the Atlanta Braves, their use of the Atlanta Braves trademarks and trade dress undermines the control the Atlanta Braves has over its brand and threatens the positive perceptions of quality, reliability, and trustworthiness consumers have come to expect from legitimate Atlanta Braves-branded goods and services. 8. Defendants’ infringement is undoubtedly intentional, willful, and in bad faith, as evidenced by Defendants’ rampant use of identical versions of the Atlanta Braves well-known trademarks and trade dress, all within the shadow of SunTrust Park. Defendants’ bad faith is further evidenced by Defendants’ continued use of the Atlanta Braves trademarks and trade dress even after their acknowledged receipt of notifications from MLBP and MLBAM, on behalf of the Atlanta Braves, that such use was infringing. Defendants also repeatedly tried to gain financially from their infringement by demanding payment of exorbitant sums from MLBP in order to cease their infringing behavior. 9. Defendants’ infringement must be stopped to prevent further harm to the Atlanta Braves and to the public. Accordingly, Plaintiffs bring this action for 7 Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 8 of 31 federal trademark infringement, federal unfair competition, federal dilution, deceptive trade practices under the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-370 et. seq., unfair competition under O.C.G.A. § 23-3-55, dilution under the Georgia anti-dilution act, O.C.G.A. § 10-1-451, and trademark infringement and unfair competition under Georgia common law. PARTIES 10. Plaintiff Atlanta National League Baseball Club, LLC is a limited liability company organized and existing under the laws of the State of Georgia and having its principal place of business at SunTrust Park, 755 Battery Avenue SE, Atlanta, Georgia 30339. 11. Plaintiff MLBP is a corporation organized and existing under the laws of the State of New York and having its principal place of business at 245 Park Avenue, New York, New York 10167. MLBP is owned by the Office of the Commissioner of Baseball and is a licensee of, and acts as agent for, the thirty Major League Baseball Clubs, the Office of the Commissioner of Baseball, and their affiliates and related entities (collectively the “MLB Entities”). In this capacity, MLBP is responsible for, among other things, licensing, protection, and enforcement of the Atlanta Braves’ and the other MLB Entities’ trademarks and trade dress (“MLB Marks”). Indeed, in order to protect and enhance the value of the MLB Marks, MLBP grants limited licenses to select manufacturers to produce 8 Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 9 of 31 merchandise authorized to bear such MLB Marks. Licensed manufacturers are held to specific manufacturing standards, and are permitted to distribute licensed products bearing MLB Marks only through certain distribution channels in order to preserve the value of the licensed products and to maintain the integrity and image of the MLB Marks. 12. Plaintiff MLBAM is a limited partnership organized and existing under the laws of the State of Delaware and having its principal place of business at 75 Ninth Avenue, New York, New York 10011. MLBAM is the Internet and interactive media company of Major League Baseball. Pursuant to exclusive licenses from the Office of the Commissioner of Baseball (and the thirty Major League Baseball Clubs), MLBAM is actively engaged in the licensing of Major League Baseball-related trademarks and service marks, including those owned by the Atlanta Braves, for use on the Internet or in connection with other digital or interactive media. 13. On information and belief, Defendant Braves Taxi is a limited liability company organized and existing under the laws of the State of Georgia and having its principal place of business at 236 Cavendar Way, Marietta, Georgia 30066. 14. On information and belief, Defendant Braves Taxi is owned and operated by Defendant Tirado, who resides in this District. On further information 9 Case 1:18-cv-05051-TWT Document 1 Filed 11/01/18 Page 10 of 31 and belief, Tirado knowingly authorized, directed, and/or substantially participated in the infringing activity described in this Complaint. JURISDICTION AND VENUE 15. This Court has jurisdiction over the subject matter of this action under 15 U.S.C. § 1121 and 28 U.S.C.